Dispute resolution - the Asian way

As South Africa increasingly
looks into arbitration and
mediation as a means of
dispute resolution in its
judicial system, experts
have advised the country
to look towards Asia for
inspiration.
Speaking in Cape Town
recently, Vasu Gounden,
founder and executive
director of the African
Centre for the Constructive
Resolution of Disputes
(ACCORD), said countries
like China and Japan had
strong mediation cultures
– a boon in the light of
increased trade with the
West.
“Arbitration and
mediation are extremely
effective in resolving
cross-border disputes
in that they are a fair,
non-confrontational and
systematic resolution of
conflict,” he said. “In China
arbitration is the first
step in solving conflict.
In Japan the promotion
of mediation is founded
on principles of harmony
that date back centuries to
the growing and sharing
of rice. Arbitration helped
shape their current legal
framework and is one of the
most popular and effective
methods used in resolving
disputes.”